the high court rules on the merit of the health care tax, not the moral stuff that liberty suit raised but if justice is willing to entertain other arguments like liberty, think about it, the supreme court, they could vacate the lower court ruling and rehear the entire case. it is a stretch and the supreme court has not scheduled a time to consider the request but it is not entirely unlikely. what does it mean when the justice department says we are open to haggle over this. what does that mean? >>guest: well, the thing is, they could impose it and it makes it look like they are ramming it down everyone's throat but if they say they are not opposed they understand our country is founded on religious freedom and every case has a right to be heard. >>neil: the timing? i don't want to be cynical or jaded but a few days before election day and a lot of people seething over the health care ruling and lo and behold the justice department move to ameliorate that saying they are willing to debate the grounds, jump ball supreme court? >>guest: you are reading my mind. it seems like a political